This is just the first step: what is the civil partnership bill about?

The legalization of same-sex marriages – an issue that has been considered 'untimely' throughout Ukraine's years of independence. Currently, it remains in a state of suspension as it requires amendments to the Constitution, which cannot be done during wartime. However, the draft law 'On the Institute of Registered Partnerships,' currently under consideration in the committees of the Verkhovna Rada, can rightfully be called the first step towards ensuring the constitutional rights of all Ukrainians.

No, civil partnerships are not the same as same-sex marriages. In draft Law 9103, registered partnership is defined as follows:

"A registered partnership is a voluntary family union of two adults, of the same or different sex, registered in the manner prescribed by this Law, based on mutual respect, mutual understanding, mutual support, and mutual rights and obligations. Registered partners are considered close relatives to each other (...). The regulation of registered partnership relations aims to determine the legal status, personal non-property and property rights and obligations of registered partners..."

This means that registered partnerships can be entered into not only by people who love each other but also by close individuals who want to live together in mutual care and legally establish rights like visiting each other in the hospital or organizing funerals.

Dmitro and Andrii have been together for a year and a half and live in Kyiv. Dmitro works in web programming, while Andrii is involved in acting. They are undoubtedly seen as a couple by people but not by the law.

"In the Constitution of Ukraine, it is written that marriage is only considered a union between a man and a woman. To allow same-sex marriages in our country, amendments to the Constitution are needed, which cannot be made during wartime. Therefore, for now, while the active phase of the war continues, the logical solution is to conclude civil partnerships. This law is essential not only for LGBT people but also for heterosexual couples," says Andrii.

He provides an example of a family mortgage: "This doesn't apply to us because if we apply for a mortgage for an apartment in any Ukrainian bank, none of them will consider our incomes as a family for the purpose of granting a loan, as would be the case with a heterosexual couple. Our incomes, in the eyes of the bank, are only personal because legally, no one considers us as each other's partners, and it is assumed that I will repay the bank debt from my salary."

"As a couple, we are deprived of the right to create a legally recognized family, to parenthood, to visit each other in the hospital, to decide on the body of a deceased partner, and to address property matters in case one of us passes away. We are a young family, and if people who have lived together for 30 years and something happens to one of them at the age of 50 or 60, then the relatives have every right to claim the property, and legally, the law is on their side. The law on domestic violence and the right not to testify against your partner in court also do not apply to same-sex couples."

Dmitro and Andrii have signed petitions for the legalization of same-sex marriages, shared information on social media, and believe that the issue will eventually gain traction. They are actively following the progress of the draft law and the Ministry of Justice's parallel project.

"How long has the law been delayed? In Ukraine, discussions about civil partnerships began eight years ago when the government approved the 'National Human Rights Strategy' in 2015. It stated that by 2020, a draft law on the creation of civil partnerships for both different-sex and same-sex couples should have been developed. However, representatives of religious organizations, pro-Russian politicians, and Russian propaganda interfered in the matter at that time. Unfortunately, the propaganda machine in Russia works very effectively, and they pay great attention to homophobia in their domestic and foreign information policy. On Russian television, the topic of same-sex relationships is a favorite, and they don't let it go. They seriously present some fictional stories about 50 genders and put it all on the air," says Dmitro.

"When people don't care to learn more, everything boils down to sex and various deviations, which indicates a lack of interest in understanding the issue and a reluctance to know more. They are content with their narrow understanding," adds Andrii.

After the invasion, it seems that all Ukrainians have understood the true cost of 'traditional values,' so it can be said with some confidence that the parliamentary majority in the Verkhovna Rada is now definitely pro-European rather than pro-Russian.

"We sign and promote petitions, monitor Inna Sovsun's team on social networks, and there are messages about this draft law. They say that the Ministry of Justice is also working on its project simultaneously. There was a time when the LGBT community called for writing letters to committees. We did write, but, unfortunately, we didn't receive any responses. However, I think that this time the law will not 'hang,' our Verkhovna Rada will not delay it because it will be inconvenient for international partners, and the situation is also influenced by LGBT soldiers, who are becoming visible," says Andrii.

When to expect the legislative proposals? There are already two legislative proposals related to civil partnership in Ukraine: Draft Law 9031 authored by Inna Sovsun and an alternative draft law currently being developed by the Ministry of Justice:

Inna Sovsun's draft law has already undergone review in four committees of the Verkhovna Rada (Parliament), but it has not yet been brought to a vote in the relevant committee, where decisions are made on whether to proceed with it to the Parliament.
The Ministry of Justice's draft law is still in the development stage, and its content is currently unknown, as access to the text and the work on it is not available to human rights activists and defenders. Inside the Verkhovna Rada, it is said that the consideration of Draft Law 9103 in the relevant committee will likely be postponed until the presentation of the second draft law from the Ministry of Justice. Therefore, we may have to wait at least until the end of this year.
However, the key point at the moment is that there are two legislative proposals, even though not all texts are accessible. Human rights activists promise a public discussion where proposals can be voiced.

In search of international justice, the European Court of Human Rights has taken the side of LGBT individuals. Earlier this year, the court recognized that the absence of legislative regulation of same-sex relationships in Ukraine violates several articles of the European Convention on Human Rights. As a result, the court ordered compensation of 5,000 euros each to the plaintiffs, Andriy Maimulakhin and Andriy Markiv.

"This is a good precedent, and we need only the informational component from it," says Dmytro. "Although, as far as I remember, the legal process lasted for 5-6 years," adds Andriy.

Will LGBT+ soldiers make a difference in the military situation? In any society, there are 5-7% of LGBT+ individuals, and this also applies to Ukrainian military personnel. They can be found among both men and women, among those who voluntarily went to the front lines and those who were mobilized. Over time, some of them become open about their sexual orientation.

"We do exist. LGBT+ individuals serve alongside everyone else. There is no difference in the trenches between LGBT+ and heterosexual soldiers. We perform the same tasks and follow the same orders, working as equals. There's no reason why we shouldn't have equal rights. Why can't I just walk through the park holding hands with my loved one? This was especially difficult for me when I was wounded and lying in the hospital. In such a challenging moment, they don't even allow your loved one to come and support you. It's very difficult emotionally. But we have taken a big step forward, and I see strong support," says Dmytro, a serviceman currently undergoing treatment and rehabilitation who attended the exhibition of photos featuring LGBT+ military personnel in Poltava.

According to human rights activist Kostiantyn Andriyiv, in the last one and a half years, as far as he knows, 150-200 military personnel have come out as LGBT+. He emphasizes that these are only the individuals who found the strength and patience to do so. There are likely many more LGBT+ individuals in the military, but not all of them choose to come out. There is even a community of LGBT+ military personnel who share their stories on social media.

Why is it important now? It's important to show society that there are LGBT+ individuals among Ukraine's defenders, as well as those who support them. Defending Ukraine is also about defending human rights. The goal is to tell their stories, which the foundation's projects are doing, so that Ukrainians can see that these are real people with real stories, not fabricated narratives. They even share their stories on Instagram. Today, someone may be a pastry chef, but tomorrow they could be a frontline defender, and they may identify as bisexual, gay, or lesbian.

According to the human rights activist, when the war ends and Ukraine emerges victorious, the number of individuals coming out as LGBT+ is likely to increase. This is because not everyone on the front lines is currently ready to do so in front of their comrades, as the military environment can be somewhat homophobic.

Which European countries is Ukraine looking up to? Did you know that Members of the European Parliament (MEPs) will address the President and Government of Ukraine with a request to support the adoption of a draft law on same-sex and different-sex registered partnerships? This was announced by MP Inna Sovsun during her visit to Brussels in July. She noted that more than 40 MEPs from 5 factions of the European Parliament have signed the appeal.

In their appeal, MEPs emphasize: "The absence of the right to inheritance, access to healthcare, or the ability to make decisions about medical care and burial of one's partner during wartime is intolerable. Therefore, legal recognition and protection of partnerships for LGBTI+ servicemembers and their partners is extremely important." MEPs also state that "the adoption of a draft law, and thus the provision of legal recognition and protection to same-sex couples, would not only be a strong sign of commitment on the eve of negotiations regarding Ukraine's EU accession but also a stance against the anti-liberal ideology that underlies Russia's aggressive military strategy in Ukraine."

According to the MP, 22 out of 27 EU countries have legislation allowing same-sex couples to register their relationships. Four countries lag behind in this regard: Bulgaria, Poland, Slovakia, and Romania. The European Court of Human Rights also obliged Romania, like Ukraine, to change its legislation a few months ago to allow same-sex couples to register their relationships.

Not all European experiences should be taken as a model. Indeed, everything is not smooth sailing with the recognition of civil partnerships in Europe. A prominent example is Hungary (yes, the same Hungary that constantly blocks EU aid to Ukraine), where there have been 'reverse reforms' in recent years:

On one hand, there are partnerships for LGBT+ individuals in Hungary. They were legalized many years ago and were finally accepted in 2009. However, over the entire time of their existence, only a thousand couples have utilized them—indicating how imperfect they are.

On the other hand, a few years ago, the Hungarian government, led by Viktor Orbán, began pushing decisions against LGBT+ individuals. In 2021, a law on "homosexual propaganda" similar to Russia's was introduced. It indeed works, equating depictions of homosexuality and transgenderism in movies to "adult" content. A few weeks ago, the Hungarian authorities fined a bookstore for selling the graphic novel "When the Heart Stops" without it being in a sealed package and placed on the youth literature shelf. Now, the bookstore faces a huge fine or closure. And a few days ago, Viktor Orbán declared that he sees "the advance of LGBT." Of course, this rhetoric didn't just come to the politicians' minds. Hungary is experiencing inflation. While people are becoming poorer, it's easy to divert their attention from protests with statements about "Christian roots" and "traditional values." Hungary is an example that even EU and NATO membership do not guarantee that a country will stop being homophobic.

We need to accept that the adoption of Law 9103 (on partnerships) or 5488 (on hate crimes) is just the first step," say the Gender Zed community members.

What to expect in the future: In reality, the lives of LGBT+ individuals will not change immediately after the adoption of the Civil Partnerships Law. Firstly, this law does not provide full marriage equality in Ukraine. Secondly, its implementation will require a lot of educational work. Thirdly, the adoption of the law does not mean that LGBT+ people will immediately feel free and start getting married.

"Law 9103 is very important, but even after its adoption, society will have to do a lot of work, educate people, conduct training. People need to be explained that the number of LGBT+ individuals will not increase after the law is passed (this is one of the arguments of homophobes), and data should be provided that raising children in same-sex families (in the USA, a generation of children who grew up in such families has already grown up) does not affect their subsequent sexual orientation. And we should not stop there but take the second step. Perhaps, someday, in 2024 or 2030, full marriage equality will finally be achieved in Ukraine," concludes Kostiantyn Andriyiv.

The Ukrainian LGBT+ community is waiting for even a small opportunity to obtain equal rights with heterosexual couples. European experience should be considered, and it will be. However, the law on civil partnerships will likely be prepared according to Ukrainian realities, which can be influenced by factors such as the political situation, the escalation of hostilities on the front line, or extreme winter conditions.

The law will be passed when its time comes or under pressure from European partners or the military LGBT+ community. It might be put in the drawer until spring. But it is important to remember that the adoption of the law on civil partnerships is not the final but the first step in ensuring equal rights for all Ukrainian citizens.